This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Steven Blaney Conservative
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Corrections and Conditional Release Act to require the Parole Board of Canada (or a provincial parole board, if applicable) to cancel parole granted to an offender if, before the offender’s release, the offender tests positive in a urinalysis, or fails or refuses to provide a urine sample, and the Board considers that the criteria for granting parole are no longer met. It also amends that Act to clarify that any conditions set by a releasing authority on an offender’s parole, statutory release or unescorted temporary absence may include conditions regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Jack Harris NDP St. John's East, NL
It is wrong to have more overcrowding and worse conditions in prisons because it would lead to greater crime, not lesser crime.
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, it is my pleasure to present my thoughts on Bill C-12 today.
The first comment I would like to make about the bill is about its title. The Conservative members have said that they find the title funny. I do not find it funny at all. I think it is misleading.
When the title of a bill states that it will eliminate drugs in prisons, but no part of the bill actually comes up with ways to do that, not only is it misleading, it seems deceitful. I do not find it at all funny when the Conservatives introduce bills that do not fulfill their stated objectives and that, furthermore, will have a negative impact on the public safety of Canadians.
I would like to talk about the objective of the bill before us today. It makes an existing practice official. Currently, an offender who is found, by means of a blood test, to have taken drugs will not be granted parole. That practice already exists; this bill makes it official.
If the title of the bill talked about regulating a situation that already exists and respecting correctional service officers by giving them the tools they have been asking for, that would show good faith. This bill says one thing and does the exact opposite. We find it very hard to support a bill that does not respect its own objectives.
This bill's scope is so limited that the opposition will have a hard time not sending it to committee. This bill does so little that the Conservatives need to ask themselves if they really think they can eliminate drugs from prisons. They could do a lot better than slashing $295 million from the budget of Correctional Service Canada. This measure will not help control harmful situations in prisons; on the contrary. It will make an already bad situation worse.
Parole has an objective. When an inmate is released, the number one priority is monitoring him in order to protect the public. As for the number two priority, the public security department in Quebec says that parole is aimed at rehabilitation. Specifically, the objective is as follows:
Parole release enables offenders to pursue the steps begun during detention to resolve problems that contributed to their encounters with the criminal justice system.
The objective of parole is not only to ensure public safety, but also to help the individual reintegrate into society as a good, law-abiding citizen who also respects his fellow citizens.
Today, as people are well aware, most inmates enter the correctional system with some sort of substance abuse problem. In fact, 80% of inmates have a history of substance abuse. This statistic is very troubling.
The Acting Speaker Conservative Bruce Stanton
I need to ask the hon. member if he will be sharing his time.
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, I will be sharing my time with the hon. member for Beaches—East York.
Let us now return to the issue at hand.
The goal of rehabilitation is to allow offenders to be released on parole so that society can be sure that they are acting in good faith, that they can obey the law and that they can respect their fellow citizens. This also helps offenders to prepare to reintegrate into society. They will thus contribute to society and may be able to find a job. They can be citizens that Canada will be proud of.
However, the bill does allow for any progress in that area. Not only will there be no progress, but the significant cuts to Correctional Service Canada may even make the situation worse. What is more, an increasing number of prisoners are double-bunked. Canada's prison population has reached a record high. Last year, Canada had over 15,000 inmates. It can therefore be expected that, in March 2014, Canada's prison population will reach close to 20,000 inmates. The prison population is growing much faster than it should be.
This begs the question: does a higher prison population make Canadian society safer? In my opinion, the answer is no. These inmates will eventually be released. If they receive very little or no assistance at all with their addictions, they will not have the opportunity to gradually reintegrate into society while being monitored and given support. These individuals will eventually be released back into society but in a way that is less safe than when they went to prison.
Funding has been allocated to Correctional Service Canada with the so-called intent of decreasing the use of drugs within prisons. However, from what we have seen to date, these investments have not had any impact at all. The government allocated funding to Correctional Service Canada in order to put an end to drug exchanges in prisons. Unfortunately, less was invested in treatment and the reduction of risk, which is what might actually work. Time and time again in Canada, we have seen that if addicts are given medical treatment, then they have a much greater chance of overcoming their addictions. We want to help these people.
Prisons are not just a holding tank where prisoners are left to reflect on the laws they have broken and people's rights they have violated. In prison, an inmate can come to the realization that some tools may help him to change his attitude and become a better citizen, one who contributes to society.
The title of the Drug-Free Prisons Act is misleading. Let us be honest. The bill will not reduce drug use in prisons and will not make prisons drug-free. The only thing this bill will do is put back in prison offenders who are about to be paroled. It will increase the prison population at a time when budgets are being cut.
The Correctional Service of Canada budget was recently cut by almost 10%. That is going in the wrong direction. We absolutely have to invest in prisons so they can become centres for social reintegration and not just a place to incarcerate people and forget about them all the while hoping that they will return to society by osmosis.
These people need support and assistance. The Parole Board is there to help them return to society. Unfortunately, offenders' access to parole will be curtailed further.
If the bill passes second reading and goes to a committee, I hope that the Conservatives will carefully study it and consider the corrections aspect and not just the emotional pull. In committee, we will carefully study how to improve this bill in order to gradually eliminate drug use in prison.
That will not happen with this bill. It will have the opposite effect. More inmates will remain in prison and will remain drug addicts. They will want more and more drugs. Furthermore, it will become increasingly difficult to manage the situation because of the budget cuts. I hope that we will have the opportunity to solve this problem in committee.
François Pilon NDP Laval—Les Îles, QC
Mr. Speaker, I would like to thank the hon. member for Gaspésie—Îles-de-la-Madeleine for his excellent speech. He spoke about the recommendations that were put forward to the Conservatives regarding this bill.
Does my colleague know why the Conservatives did not take those expert recommendations into consideration when they wrote Bill C-12?
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, it really is a mystery. The Conservatives seem to feel that expert opinions are not that important or necessary, and not only for this bill, but for many others as well.
We saw it with Bill C-2. We are seeing the same problem with other addiction-related bills. The Conservatives seem to have their minds made up: these people need to be put in prison and left there as long as possible, instead of dealing with what, in essence, is a disease.
Science really must be taken into consideration. We must also look at treatment options to help people become model citizens who can contribute to our society. Unfortunately, with the bills we have seen since the Conservatives formed a majority, we seem to be moving in the wrong direction. There are fewer resources for experts and more prison sentences. It could ultimately lead to a volatile situation.
Denis Blanchette NDP Louis-Hébert, QC
Mr. Speaker, I would like to thank my colleague for his speech. He brought up various problems. For one, budgets are being cut and the prison population is on the rise, even though crime is decreasing. The focus is not on rehabilitation but on harsh treatment for those who commit crimes. In addition, corrections officers are facing greater safety issues in a growing prison system.
Could my colleague talk about what could be done differently to rehabilitate people and ensure a safer society at the same time?
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, I would like thank my colleague for his question and congratulate him for the great work he is doing in his committee.
The most important thing to do is to see how we can help people integrate into our society. I am speaking about both offenders and regular people with addictions. Both groups need more support to break the vicious circle that makes them feel they have no choices left. They see no choice other than a life of crime to obtain more resources to pay for their addictions.
We should have more tools and ways to help people fight addiction. They should be able to seek help in centres like InSite in Vancouver. If we could give them more support, I am confident we would have a much safer society. In addition, we would have people who are far more likely to contribute to our society. We must invest more in rehabilitation and treatment and less in incarceration.
Ryan Leef Conservative Yukon, YT
Mr. Speaker, I sat on the public safety committee. The Commissioner of Corrections Canada testified a number of times, as did correctional officers. They told the committee time and time again about the valuable programs that are put in place in the correctional facilities across Canada.
I know from being a deputy superintendent of a correctional facility in the Yukon that correctional centres, albeit the last location one would want to send people, are locations for help, hope and healing when programs are put in place. However, the member opposite stood here and for 10 solid minutes said, without substantiation, that nothing is being done. There is $154 million that is put into the correctional centre for core programming, including drug and alcohol treatment, in Canadian penitentiaries every year. That is not nothing.
When the commissioner testifies in front of the public safety committee, he is proud of the core programming, the educational programming and the drug treatment programming that they deliver.
Bill C-12 is dealing with a point at which an inmate is about to be released. If they are still on drugs when they are about to be released, that must be considered. I wonder if the member opposite has a comment about the point at which we need to start turning inmates back for continued programs if they are still on drugs on the day they are being assessed to be reunited with the community?
Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC
Mr. Speaker, if the programming he is referring to is so efficient, why is there a waiting list?
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, I am rising today to speak to Bill C-12, as members will be aware.
However, if I may take advantage of my great privilege to speak in this place, I will preface my comments with special wishes for my friend, Nancy Mutch. Nancy for many years volunteered in Jack Layton's constituency office, and since Jack's death, has volunteered in mine. She has a golden heart, but for a couple of weeks now has been in Toronto East General Hospital under great medical care but engaged in a difficult struggle. She has always paid special attention to what goes on in this place, so I am hoping Nancy will hear me say, when I say it here, to keep fighting, that we love her, and that we need her back on the phones.
Drug addiction in our prison system is a serious problem. We have well established that so far this afternoon. It is serious, because it is linked to inmate violence and gang activity in our prisons. It threatens the safety of our correctional officers, makes it difficult for offenders to effectively reintegrate into the community once they are released, and leaves them much more likely to reoffend.
However, serious problems need serious solutions. Not only does Bill C-12 not offer any serious solutions to the drug problems in our prisons, it in fact offers no solutions at all. It has been a long-standing practice at the Parole Board to use drug tests as a tool to evaluate an offender's eligibility for release. All this bill would do is validate this practice. It is, in effect, another lame effort by the Conservatives to appear tough on crime and tough on drugs without doing anything at all to help us solve the complex problems related to drug use in our prisons.
This bill has been called, so accurately and evocatively, bumper sticker policy by my colleague from Gatineau, the justice critic for our caucus.
The Conservatives' effort to eliminate drugs from our prisons has been a remarkable failure. Proving themselves once again to be the great mis-managers of the public purse, the Conservatives have now spent more than $120 million on this interdiction effort, and according to the correctional investigator, this spending has had no impact on the prevalence of drugs and drug use in our prisons.
To sincerely address the problem of drug use in prisons, the Correctional Service needs to develop a proper intake assessment for all new inmates that can evaluate their needs for addiction and mental health programming and rehabilitation. It is only by providing proper addiction and mental health treatment and education to offenders that we can actually have an impact on the prevalence of drugs, violence, and gangs in our prisons.
According to the correctional investigator, the Conservatives' current anti-drug strategy lacks three key elements. First is an integrated and cohesive link between interdiction and suppression activities and prevention, treatment, and harm-reduction measures. Second is a comprehensive public reporting mechanism. Third is a well-defined evaluation, review, and performance plan to measure the overall effectiveness of these investments.
The correctional investigator's report goes on to say
A “zero-tolerance” stance to drugs in prison, while perhaps serving as an effective deterrent posted at the entry point of a penitentiary, simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization.
Not only have the Conservatives made no progress in improving the drug situation in our prisons, they have actually made the situation worse. While the Conservatives have been happy to waste millions of dollars of public money on “drug-free prisons”, despite a consensus among experts that these efforts are ineffective, they have made cutbacks in core correctional programming that includes support for treatment for addiction and mental illness. Today federal offenders with drug-addiction problems face long wait lists before they can get treatment. There are currently over 2,400 prisoners waiting for addiction treatment in our country in federal prisons, and this situation is absolutely unacceptable.
It is unacceptable, because too often this results in offenders being released from prison without ever having access to appropriate treatment for their addictions. This leaves them more likely to commit crime and end up in the correctional system once again.
While the Conservatives like to think that they are tough on crime and they like to put forward empty gestures such as the bill before us, their policies have actually increased the chances that offenders will be released from prison as addicted to drugs as they were on the day they were arrested. Our communities have become less safe, not more safe, because of these policies.
Last year, the number of people incarcerated in Canada reached an all-time high, with over 15,000 federal inmates, and that number is projected to rise to almost 19,000 by next year. Despite these trends, budgets for addiction treatment and counselling in our corrections system have been decreasing.
Our prisons are becoming more and more overcrowded, with the practice of double-bunking increasingly becoming the norm. This is a situation that fosters the proliferation of gangs and violence in our corrections system. This situation puts the safety and security of our federal corrections officers in jeopardy.
The federal government has a duty to ensure that work conditions are safe for every citizen under federal jurisdiction in this country, but it has a particularly sacred duty to ensure the security of those who put their lives on the line for the public, such as the federal police, our military and corrections employees.
Conservative cutbacks and jail overcrowding have made the job of our corrections officials more dangerous, according to the Union of Canadian Correctional Officers. A recent article in the Huffington Post quotes corrections officer Trevor Davis, who works at the William Head Institution on Vancouver Island, as saying, “[The Prime Minister] wants to be tough on crime...but he’s not giving us the resources to do it properly”. As Mr. Davis puts it, “[The Tories] are making our jails unsafe.”
We talked about this matter this morning at length in the context of Bill C-5, about the current, and frankly, previous governments' disregard for the issue of workplace health and safety. Let me come back to Bill C-12 and the bumper sticker approach to drug-free prisons. The bill would not render our prisons drug free. It would simply turn practice into law and leave a dire situation, the need for assessment and treatment for the incarcerated in the interest of public safety, untouched.
According to the report of the Correctional Investigator, close to two thirds of offenders were under the influence of intoxicants when they committed the offence leading to their incarceration. That is a statistic closely connected with the fact that 80% of offenders arrive at a federal penal institution with a past history of substance abuse. The bill would change none of that. It would send offenders back into the population without ever seriously addressing the circumstances that gave rise to their offences.
That is the stuff of this government and its bumper sticker politics. It is beneath this place and all of us, but it is to this kind of politics from the Conservative government that we have unfortunately become accustomed.
With that, I welcome any questions.
Ryan Leef Conservative Yukon, YT
Mr. Speaker, I suppose we should all put on our hard hats, because it sounds as though the sky is falling.
I remember in 2011, when the NDP said that the prison population was going to be 20,000 after 2011. Now, today, the member opposite stands up and says it is at 15,000, but just wait until 2014 when it will be 20,000. It was supposed to be 20,000 in 2011. We were on a prison building agenda in 2011, according to the NDP. Then we got criticized for closing prisons down.
Here again, in the House, what we get is continued fearmongering about prison populations and the work that we are doing. I reiterate that $154 million is invested in the Canadian prison system to work directly on core programming and education, including substance abuse and addictions programs.
The member opposite made an interesting point about the care and concern for workers. We had a corrections worker testify in committee who said:
As a front-line staff member, I can say we spend a lot of time with the inmates. It needs to be drug free. It has to go right out of the system in order for them to make the proper choices, move forward with healing, and create a safe environment. There are a lot of pressures in the correctional facility on people trying to get drugs, do drugs, force other people to do drugs, and collect drug debts. It's the whole nine yards. To have drugs and alcohol right out of the system would help us in our job....
That is what our government is attempting to do. That is at the behest of correctional officers who work very hard in this country every day. Their safety is our priority. I ask the member opposite to stand behind them and support the legislation.
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, I find it very rich for the member opposite to be accusing the NDP of fearmongering. The government constantly raises the fears of the public in an effort to raise funds for their party coffers.
What we are pointing to is in fact a very real situation of a high level of offenders in our prison system having drug problems. What we are proposing are real solutions for rehabilitation and treatment of those who are incarcerated with substance abuse problems, so that when they get released the likelihood of reoffending is lessened and the chances of improved public safety is greater.
With respect to the budget numbers that the member threw around, it is interesting to note that the correctional services overall budget cut announced last year was almost $300 million. At the best, the correctional services devotes only about 2%, or about $1,000 per prisoner per year, to these core correctional programs that the member references.
This is hardly enough to improve public safety and deal with the issue of drugs in our prisons.
Jinny Sims NDP Newton—North Delta, BC
Mr. Speaker, I want to thank my colleague for a very eloquent and thoughtful presentation on a bill that has a name that is more like a bumper sticker. However, in content all it does is put into law what the Parole Board already does. It has nothing in it that I can see that would help us to move towards drug-free prisons, or do anything in the short term.
My question to my colleague is, with an increasing population in our prisons, with double-bunking, cuts to the budget, specifically around correction and drug abuse, what is in this bill that would help to keep our prisons free of drugs?
Matthew Kellway NDP Beaches—East York, ON
Mr. Speaker, the short answer is nothing. With regard to the longer question, I would like to go back to the question from the member for Yukon about the sky falling.
The numbers we on this side of the House have been citing with respect to increasing prison populations come from the correctional investigator. There were 15,100 inmates in federal prisons as of July last year. The correctional investigator anticipates there will be 18,684, based on new Conservative public safety and justice legislation, for example, mandatory minimum sentences.
The closing of certain facilities and the increasing population is adding to the problem of double-bunking, and directive 55 makes this the new norm. Again, this does nothing to help with public safety and the chance for offenders to come out after their time served to be productive members of our community.